If you are going through a divorce in New Jersey, one of the most important financial questions to consider is whether you or your spouse will be entitled to spousal support. Spousal support, also known as alimony, is not automatically granted in every divorce case. Instead, courts carefully evaluate various factors before making a decision on whether support should be awarded, how much it should be, and for how long it should last. Understanding what factors may qualify a spouse for spousal support in New Jersey can help you better prepare for the future and protect your financial well-being.
What Is Alimony Under New Jersey Law?
Alimony in New Jersey is determined by N.J.S.A. 2A:34-23, which specifies the types of alimony available and the factors that courts must take into account. The purpose of alimony is to minimize any unjust financial impact on the lower-earning spouse, ensuring that both parties can maintain a reasonable standard of living after the end of the marriage. Alimony is not intended to be punitive or a guaranteed right, but rather a means of achieving financial equity after a divorce.
Key Factors That Qualify a Spouse for Alimony in New Jersey
New Jersey courts do not base alimony awards on a single factor. Instead, they consider a combination of factors related to the marriage and the individual circumstances of each spouse. Some of the most significant factors under New Jersey law include:
Length of the Marriage
One of the main factors determining whether alimony will be awarded is how long the couple was married. The longer the marriage, the more likely a court will grant alimony for a longer period. Under N.J.S.A 2A:34-23(b), alimony typically lasts for no more than the duration of the marriage if it lasted 20 years or less. However, if the marriage lasts more than 20, indefinite alimony may be awarded.
Income Disparity Between Spouses
A significant difference in each spouse’s income or earning potential is a key consideration. If one spouse earns significantly more than the other, or if one has sacrificed career opportunities to support the family or raise children, the court may decide that alimony is needed to ensure financial stability for the lower-income spouse.
Standard of Living During the Marriage
New Jersey courts consider the standard of living during marriage – the financial lifestyle that both spouses enjoy while they are married. The goal is to ensure that both parties can maintain a similar standard of life after divorce. If one spouse cannot do so without financial assistance, this is a strong argument for alimony payments.
Earning Capacity and Employability
Courts consider each spouse’s current and potential earning capacity, including their education, work experience, skills, and job market prospects. If a spouse has been out of work for a long time or lacks the necessary education for gainful employment, this can be a significant factor in determining alimony payments. Courts also take into account the time and cost required for retraining or obtaining additional education to become self-supportive.
Parental and Caregiving Responsibilities
If one spouse is the primary caregiver for children following a divorce, this can affect their ability to work full-time and earn a sufficient income. New Jersey courts take these responsibilities into account when evaluating alimony claims, especially if childcare needs limit the custodial parent’s career options.
Contributions to the Marriage — Including Homemaking
Non-financial contributions also matter. A spouse who has given up career opportunities to raise children, support a partner’s education, or manage the household has made significant sacrifices that are recognized by courts when determining alimony eligibility. These non-financial contributions are taken into account alongside financial ones when making decisions about alimony payments.
The Five Types of Alimony Available in New Jersey
Depending on your specific circumstances, a New Jersey court could award one of the following types of alimony under N.J.S.A. 2A:34-23(b):
- Temporary (pendente lite) alimony – paid during the divorce process to maintain the current living arrangements
- Open-ended duration alimony – for long-term marriages where continuing support is necessary indefinitely
- Limited duration alimony – for shorter marriages with a defined support period
- Rehabilitative alimony – to support a spouse while they pursue education or training to become self-supporting
- Reimbursement alimony – compensation for a spouse who has supported the other’s educational or career goals
Each type of alimony has a different purpose and is applicable to different circumstances. An experienced New Jersey family law attorney can help you determine which, if any, type of alimony applies to your specific situation.
Can Alimony Be Modified or Terminated?
Yes, under New Jersey law, alimony can be changed or ended if there has been a significant change in the circumstances, such as job loss, retirement, remarriage, or cohabitation. The 2014 New Jersey Alimony Reform Act introduced important changes to how alimony is handled, including provisions for reducing or ending payments upon retirement. If you are considering changing an existing agreement, it is crucial to seek legal advice.
Schedule a Free Consultation Today
If you have any questions about alimony or need assistance with your divorce case, please contact Carvajal Law for a free consultation. We offer a no-obligation, confidential consultation to help you understand your options.